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1
Iqbal, Khurshid. "The Rule of Law Reform and Judicial Education in Pakistan." European Journal of Law Reform 17, no. 1 (2015): 47–92. http://dx.doi.org/10.5553/ejlr/138723702015017001004.
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Shafiq, Kausar, Abdul Basit Khan, and Ali Shan Shah. "Role of Pakistan Peoples' Party in the Political Development in Pakistan. An Appraisal of Asif Ali Zardari Period (2008-2013)." Global Sociological Review V, no. IV (2020): 41–48. http://dx.doi.org/10.31703/gsr.2020(v-iv).05.
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The denial of the institutionalization of political power by various civilian as well as martial law regimes has been a constant problem in Pakistan. Muhammad Ali Jinnah was the first person who could do so in an effective manner, but his eternal departure in the early phase of the history of Pakistan changed the entire course of the country, and the successor leadership had to pursue self-serving politics just to prolong their rule. The same is the case with the rule of General Pervaiz Musharraf (1999-2008), which converted the parliamentary system envisaged by the 1973 constitution of Pakistan into a quasi-presidential system just to prolong the military dictatorship. The subsequent rule of the Pakistan Peoples' Party (2008-2013) was a tough period for the political leadership since the preceding dictatorship had completely altered the socio-political landscape of the country; however, the political wisdom of Mr. Asif Ali Zardari helped the country to sail smoothly during the aftershocks of the martial law regime. In that perspective, the current study intends to analyze the political developments in Pakistan during the third rule of the Pakistan Peoples' Party over the country during the period 2008-2013.
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Malik, Hina, Sana Ullah, and Ayaz Ali Shah. "Executive Assaults on Supreme Court of Pakistan and Movement for Independent Judiciary: 2007-09." Global Political Review IV, no. IV (2019): 107–13. http://dx.doi.org/10.31703/gpr.2019(iv-iv).12.
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Pakistan, since independence, has become a laboratory for constitutional experiments, with the judiciary playing the most controversial role. Under the theory of necessity, the superior judiciary has legalized military takeovers. Although controversial as a judge of the Supreme Court of Pakistan, Iftekhar Muhammad Chaudhry was found to be a changed person the moment he took his seat as a Chief Justice of Pakistan. However, the situation was not conducive for any action that went against the will of the military ruler. But the Judge-Bench collaboration supported by the entire civil society initiated a movement to negate and nullify the dictates of a dictator. The movement led by the Black Coats community extended over years, bearing hardships of all kinds. The movement was successful in forcing General Musharraf to uphold the provisions of the constitution and rules of established law. The entire nation emerged victorious in upholding what is called the rule of law.
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Abid, Adeel, and Yusra Khalid. "Rule of Prescription Under Article III, Rule 6 of Hague/Hague-Visby Rules: When Does the Clock of Limitation Start Ticking?" Open Transportation Journal 14, no. 1 (2020): 38–43. http://dx.doi.org/10.2174/1874447802014010038.
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The pursuit of an internationally recognized regime which governs the allocation of risk of liability has been the predominant purpose of maritime law. At the same time, it is also necessary to set a time limit within which a legal action may be brought against the carrier. There are two regimes which govern the carriage of goods by sea and are adopted by many countries, the Hague Rules, and the Hague-Visby Rules and the time limit for claims set out in the rules against the carrier is one year from the day on which the goods are delivered or should have been delivered by the carrier. The rationale behind this is that the carrier cannot be expected to keep records for long periods and must be notified while the events are still fairly recent and recorded, as to what claims are to be presented. At present, Pakistan has adopted the Hague Rules in its Carriage of Goods by Sea Act, 1925 and despite the clarity embodied in the period of limitation as laid down under Article III, Rule 6, Pakistani Courts have given various interpretations to the term “delivery”, resulting in different outcome of the cases. In relation thereof, this article examines and discusses several judgments for decades on the subject of rule of prescription, along with the analysis of Article III, Rule 2 on the interpretation of “discharge”, and puts forward some suggestions and recommendations on the law laid down by the Convention. The rules for transport documents are based on Hague or Hague-Visby Rules, and therefore, it is necessary at the outset of the article to provide an overview of the transport system in the country. The need for efficient working of the transport system in the country is absolutely vital in view of its role in a country’s economic growth.
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Muhammad, Imraz. "THE ROLE OF RULE OF LAW IN THE ESTABLISHMENT OF A CIVILIZED SOCIETY: AN ANALYSIS OF PAKISTAN." Pakistan Journal of Humanities and Social Sciences Research 2, no. 1 (2019): 48–65. http://dx.doi.org/10.37605/pjhssr.2.1.5.
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Unsurprisingly, human being needs smooth, peaceful and a regularized system not only to survive, but to live well. To get it, human being has been continuously struggling since early times. Many written and unwritten efforts in this regard are found among which, the first written one is the Magna Carta of 1215. The Article 39 of the Magna Carta (1215) declared, “no freemen shall be taken or imprisoned or diseased exiled or in any way destroyed, nor will we go upon nor send upon, except by the lawful judgement of his peers or by the law of the land”. Ibn-e-Khaldun opines that the construction and deconstruction of society depends upon law. If on one hand, obedience of law rises empires then discarding it is equal to digging grave for empires. Sustainability of civilization is subject to rule of law. Those societies which follow laws strictly in their daily routine they are in the line of developed nations. Today Europe is in the epoch of greater civilization because they adopted the rule of law in its true spirit. Once Muslim world was civilised one until they believed on rule of law, equality and justice but fell down when started disobeying the principles of the rule of law. Since its very inception, “might is right" is the prevailing phenomena everywhere in Pakistan. Each and every department and even on individual level, the rule of law is not respected. No one cares to respect and follow rule of law that
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Razi, Naseem. "A Comparative Study of Maṣlaḥah and Mischief Rule: Pakistani Perspective". Journal of Islamic Thought and Civilization 11, № 1 (2021): 335–54. http://dx.doi.org/10.32350/jitc.111.18.
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At present, almost all the legal systems are concerned with establishing a flexible interpretive policy to make the law to resolve the everyday complex issues for the benefit of the people at large. It is, however, a matter of great concern that the higher courts in Pakistan are still following static and foreign interpretive modes like a literal rule, the golden rule, and mischief rule etc, in the presence of dynamic interpretive principles of Islam. In this context, this research aims to analyze critically, the mischief rule and to present maslahah, a vibrant Islamic interpretive principle. This article argues that the Holy Prophet (SAW), his companions and the traditional Muslim jurists had to decide the contemporary issues by the way of maṣlaḥah which led to the development of Islamic jurisprudence and resulted in the ease of the people. While interpretive rules of English common law are static and have become outdated. This research, thus, concludes that unlike mischief rule, maslaha is more flexible and favorable by Islam for resolving the present-day socio-economic issues of the people. It recommends the higher courts of Pakistan to follow the principle of maṣlaḥah during the process of interpretation. It is also acclaimed that the Renaissance of this vibrant principle of ijtihād would be a revival of the interpretive policy of the Prophet (SAW), his companions and the traditional Muslim jurists. It would also lead to the development of Islamic jurisprudence in the light of changed context.
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Zikria, Ghulam, and Yasmin Roofi. "Continuous Development for Good Governance and Rule of Law: Obligations on International Institutions and Pakistan." Global Regional Review IV, no. I (2019): 21–28. http://dx.doi.org/10.31703/grr.2019(iv-i).03.
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Good Governance and rule of law, the prerequisites of sustainable development are recognized and developed by international organizations to promote democracy. But the situation of both mentioned doctrines has not been so satisfactory in Pakistan, one of the democratic countries where new laws have had been established incompatibility with previous ones. Whereas, objectives of lawmaking and sustainable development can only be achieved by corresponding the laws and implementing rule of law and good governance.
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Hassan, Dr Abida, and Muhammad Arif Saeed. "Historic Conjunction of Juvenile Law and Child Psychology." Journal of Law & Social Studies 3, no. 1 (2021): 44–47. http://dx.doi.org/10.52279/jlss.03.01.4447.
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In any developed nation, the way law is implemented is a seen as a reflection of what the statute or article was intended for, since modern society is a complex blend of different societal layers, it is necessary to make distinctions based on certain criteria in order to satisfy the ulterior motive of law: to maintain peace and harmony in society. One such distinction is that between the law applicable to adults and that applicable to minors, or in legal terms, juveniles. Pakistan also shared its history of juvenile justice with India, up until its independence in 1947. Even then it took Pakistan fifty-three years to formulate a uniform piece of legislation for juveniles, and then another eighteen to update and revise it considerably. By virtue of the procedure of independence, Pakistan inherited a lot of laws that had been introduced by the British in the subcontinent during their rule. Several of these laws were oriented towards juveniles and the need for their separation from adult, either wholly or partially and some of them survive to this day as well.
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Ahmed, Zahid Shahab, and Maria J. Stephan. "Fighting for the rule of law: civil resistance and the lawyers' movement in Pakistan." Democratization 17, no. 3 (2010): 492–513. http://dx.doi.org/10.1080/13510341003700360.
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Zahra, Ulfat, and Javed Iqbal. "Politics of alliances and its effects during Zulfiqar Ali Bhutto's rule in Pakistan." Liberal Arts and Social Sciences International Journal (LASSIJ) 5, no. 1 (2021): 89–104. http://dx.doi.org/10.47264/idea.lassij/5.1.7.
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The paper mainly focuses on political alliances during the rule of Zulfiqar Ali Bhutto. This study is based on the opposition’s struggle in the form of political alliances to counter Bhutto's absolute power. The period thus saw the emergence of opposition alliances such as the United Democratic Front, the Pakistan National Alliance to organize resistance against Bhutto’s rule. However, this trend has not been limited to opposition’s alliances only. At times, the government joined hands with the opposition and major parties to achieve an agreed objective. In this study, a descriptive analysis is employed to cover the main theoretical and political formations of accords between the opposition and the ruling party. These unnatural alliances between political parties had immense effects on the future political scenario of Pakistan. It has also been observed that the opposition’s alliances, left behind their imprints on the history of Pakistan leading to the imposition of martial law in 1977 and changing the course of political events ever since. The findings will demonstrate that the political parties were engaged in a struggle for the preservation of the personal ambitions of party leaders. If they tackle the situation with harmony, a firm democracy can establish in Pakistan.
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Shah, Ali Shan, Muhammad Waris, and Mian Muhammad Azhar. "Independence of Judiciary: An Assessment of Lawyers Movement and its Impact on Civil Society of Pakistan." Global Regional Review III, no. I (2018): 402–14. http://dx.doi.org/10.31703/grr.2018(iii-i).30.
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Lawyers are important part of Pakistani society. They actively participated in the movement against the military regimes. Social movement are necessary for the renewal of the society. These movements help to make a society vibrant and prone to democratization. All the fractions of the society took keen interest in this movement. This historic movement gave youth the initial lessons of democracy and students took part in this movement as they were active in the first two decades of Pakistani political history. Students are the educated and informed part of the society and remained on forefront in the movements in the country. In recent years lawyers, media, students unions, military and ulema played important role in restoring of judiciary and played important role for Lawyers Movement in Pakistan 2007-09.Rule of law issue educated Pakistani civil society and the society became more vibrant about the democratization in the country.
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Jibran Jamshed, Ammara Mujtaba, Muhammad Waqas Javed, and Syed Wajdan Rafay Bukhari. "Measuring Pakistan’s Legislative Preparedness against COVID-19: A Critical Study of Newly Promulgated Law." Journal of Business and Social Review in Emerging Economies 6, no. 4 (2020): 1517–24. http://dx.doi.org/10.26710/jbsee.v6i4.1493.
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Background: Since December 2019, the COVID-19 pandemic has challenged the international community on health and legislative fronts. The widespread disease needs an effective response from the health-care system as well as the legislative framework. Pakistan is facing a challenge from the under-developed health-care system as well as a lack of awareness about the available laws to deal with the issue. Awareness about the relevant laws is a precursor to the establishment of rule of law. This study will doctrinally analyse the national laws of Pakistan to make the response more effective. The awareness about the relevant laws will supplement the healthcare response against the pandemic of COVID-19. Since Pakistan is a federation and healthcare is a provincial subject, therefore the study limits itself to the laws of Punjab, the largest populated province of Pakistan.
Objectives: This study will analyse the available healthcare laws to deal with the recent outbreak of COVID-19. The focus will remain on the doctrinal measurement of the effectiveness of The Punjab Infectious Diseases (Prevention and Control) Act 2020 (PIDA) vis-à-vis already existing laws. It will also highlight the salient features of the PIDA 2020 along with its effectiveness to deal with the current pandemic.
Method: The study benefits from documentary analysis of legal documents. The method is nearer to the doctrinal research method in law. The study will shape itself into two parts. First will be lax lata that will ascertain what is the relevant healthcare law to deal with infectious diseases like COVID-19. The next step will be lax ferenda where the study will propose how it can become more effective to deal with the issue. The research will opt black letter approach.
Conclusion: This study finds that the adoption of PIDA 2020 is in spirit with dealing with the pandemic of the COID-19. The law has shown positive trends in protecting the population from the widespread impact of the diseases. The World Health Organization has appreciated Pakistan’s methods and strategies against the first wave of the COVID-19 with reference to response in Punjab, the largest province of Pakistan.
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Pedersen, Ole W. "From Abundance to Indeterminacy: The Precautionary Principle and Its Two Camps of Custom." Transnational Environmental Law 3, no. 2 (2014): 323–39. http://dx.doi.org/10.1017/s2047102514000132.
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AbstractThe question of what status the precautionary principle enjoys in international law has once again reared its head, most recently in the Indus Waters Treaty dispute between India and Pakistan before the Permanent Court of Arbitration. This article assesses the current state of play in respect of the precautionary principle and its status in international law. It identifies what it terms the two camps of custom – the custom camp and the no-custom camp – which find themselves on opposing sides in the debate. The article argues that the two camps are equally guilty of misunderstanding the precautionary principle and the nature of customary international law, though for different reasons. In so doing, the article shows that one side is guilty of ‘precaution spotting’, whereas the other ignores the implications of the ‘rule v. standard’ dialectic. These two concepts help us to understand the different claims advanced by the two camps. They also alert us to the fact that it is possible to conceptualize customary international law along two separate lines of inquiry: one lending emphasis to state practice and one relying on statements and declarations of rules. In pursuing these arguments, the article compares the precautionary principle with (other) norms of customary law, such as the ‘no-harm rule’ and the rules on cross-border environmental impact assessment, and argues that customary international law is best understood if we come to accept that there are multiple ways of identifying customary international rules.
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Hafeez, Malik M., Rais Nouman Ahmed, Muhammad Danyal Khan, and Muhammad Asif Safdar. "What are the Crisis and Issues of Governance in Pakistan? An Analysis." Review of Applied Management and Social Sciences 3, no. 1 (2020): 53–59. http://dx.doi.org/10.47067/ramss.v3i1.24.
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Governance is quite distinguishable from the government that deals with executive, its mode of appointment or election, state institutions and their functioning powers that are documented in constitution and laws there under while governance deals with policy, decision-making and government's effectiveness. Government has constitutional and legal duties and limitations in dealing with civil society, media, press and private sector. Government owes responsibility of the development of undeveloped areas and facilitates the residents to have equal opportunity, rule of law, standardized education and health services, employment opportunities, maintain security, law and order of the country. Whereas, governance deals with principles of solutions to the problems of the public and private sector. Good governance ensures socio-economic stability, rule of law, meritocracy and welfare of citizens through social services and developments. Both government and governance work together to deal with political and administrative structures as well as establishment of cooperative network and connection between the different sectors of the state to resolve the shared public disorders, complications and problems however, good governance is the prerequisite for administrative, political, socio-economies solutions and human development. This paper will explore the elements of good governance and identify the issues of governance in Pakistan with conclusion of proposed solutions.
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Hasan, Parvez. "Pakistan at the Threshold of the 21st Century: How to Shape a Better Economic Future? (The Mahbub ul Haq Memorial Lecture)." Pakistan Development Review 37, no. 4I (1998): 85–122. http://dx.doi.org/10.30541/v37i4ipp.85-122.
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Pakistan has been facing a deep-seated economic and financial crisis and seemingly intractable governance issues for the last few years. Factors such as international sanctions and global economic slowdown, which have worsened Pakistan’s economic difficulties, were beyond Pakistan’s control. But by and large, the country’s economic and financial difficulties are the result of economic mismanagement in key areas over long periods. Bad governance, as reflected in widespread corruption and poor delivery of public services, and especially poor law and order have given birth to a crisis of confidence in the state. It is argued here that despite this scenario, a long and arduous process of building institutions, setting the policies right, and enforcing a rule-based governance stressing both merit and accountability can put Pakistan back on the road to shared prosperity. Resolving financial problems, accelerating demographic transition, exploiting tremendous agricultural potential, improving both availability and quality of education, increasing competitiveness and bringing about structural change in exports and industry, and reforming the government are crucial policy actions that can help shape a better future for the country and end the economic drift.
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Shah, Syed Arshad Hussain, Syed Akhter Hussain Shah, and Mahmood Khalid. "Incompatibility of Laws and Natural Resources: A Case Study of Land Revenue Laws and Their Implications in Federal Areas of Pakistan." Pakistan Development Review 46, no. 4II (2007): 1105–17. http://dx.doi.org/10.30541/v46i4iipp.1105-1117.
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Better rule of law would generate economic growth, which would in turn build constituencies for democratic reforms [Root and May (2006)]. Consider prisoners dilemma, to Law and Economics Scholars, the inevitability of prisoner’s dilemmas arising to block potentially efficient exchanges explains the need for and consequently the adoption of contract law. When the law enforces contracts, it permits the participants in a potential prisoners’ dilemma the option of escaping the dominant strategy equilibrium of non-cooperation, which prevents the achievement of efficient exchanges, by permitting the parties to effectively pre-commit to future cooperative behavior. Mutual pre-commitments can produce the efficient cooperate-cooperate equilibrium. The existence of contract law then tends to foster efficient cooperative behaviour. Institutions are considered to provide the mechanisms by which individuals can resolve social dilemmas [Steins (1999)]. They are sets of rules that people have created in order to control/regulate the behavior of people using a natural resource. Several layers of institutions are important for institutional development and economic performance. These layers, from the slowest moving to the fastest moving are: human motivations and social institutions, political institutions, legal institutions and private institutions [Azfar (2006)]. Institutions perform their role to frame rules, procedure and enabling environment for implementation of rules. Rights of individuals are recognised and recognised through institutions as well.
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Hadi, Abdul. "Workplace Sexual Harassment and its Underreporting in Pakistan." European Journal of Interdisciplinary Studies 10, no. 1 (2018): 148. http://dx.doi.org/10.26417/ejis.v10i1.p148-153.
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Sexual harassment in workplace is a reflection of unequal power relationship among genders and should not be seen as isolated cases emanating from psychological or criminal roots. The practice of sexual harassment in the workplace occurs in occupations and industries which turns working environment for women into stressful, damaging, and hostile and make it difficult for them to achieve their rightful place in employment. Sexual harassment in the workplace is the most frequent form of gender-based violence occurring in Pakistani society characterized by patriarchy and gender segregation. When women attempt to join workforce and take economic responsibilities of family in opposite to predominating social norms, they have to suffer from sexual harassment. This speaks not just to the structure of the work place, but the entrenched culture of female objectification, which quite often paints women as mere recipients for male desire – views that are reproduced and perpetuated in a work place. This study is an endeavor to spot the causes of sexual harassment in the workplace in Pakistan; and what are the underlying factors which lead to under-reporting of the incidences of sexual harassment in the workplace. This study asserts that the patriarchal values prevailing in Pakistani society breed sexual harassment in the workplace also preclude victims to report the incidence by not giving them appropriate moral, cultural and legal support. This study argues that in an environment like Pakistan where rule of law is not prevalent in entire society so just having policies and awareness regarding these policies could not be a valid and significant element for lowering the sexual harassment experience in the workplace. Sexual Harassment in the workplace reflects the unequal power relationships between genders in patriarchy society of Pakistan and cannot be combated until patriarchal mindsets are changed which can be achieved only by transforming the existing patriarchal society itself that is producing such mindsets.
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Hadi, Abdul. "Workplace Sexual Harassment and its Underreporting in Pakistan." European Journal of Interdisciplinary Studies 4, no. 1 (2018): 148. http://dx.doi.org/10.26417/ejis.v4i1.p148-153.
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Sexual harassment in workplace is a reflection of unequal power relationship among genders and should not be seen as isolated cases emanating from psychological or criminal roots. The practice of sexual harassment in the workplace occurs in occupations and industries which turns working environment for women into stressful, damaging, and hostile and make it difficult for them to achieve their rightful place in employment. Sexual harassment in the workplace is the most frequent form of gender-based violence occurring in Pakistani society characterized by patriarchy and gender segregation. When women attempt to join workforce and take economic responsibilities of family in opposite to predominating social norms, they have to suffer from sexual harassment. This speaks not just to the structure of the work place, but the entrenched culture of female objectification, which quite often paints women as mere recipients for male desire – views that are reproduced and perpetuated in a work place. This study is an endeavor to spot the causes of sexual harassment in the workplace in Pakistan; and what are the underlying factors which lead to under-reporting of the incidences of sexual harassment in the workplace. This study asserts that the patriarchal values prevailing in Pakistani society breed sexual harassment in the workplace also preclude victims to report the incidence by not giving them appropriate moral, cultural and legal support. This study argues that in an environment like Pakistan where rule of law is not prevalent in entire society so just having policies and awareness regarding these policies could not be a valid and significant element for lowering the sexual harassment experience in the workplace. Sexual Harassment in the workplace reflects the unequal power relationships between genders in patriarchy society of Pakistan and cannot be combated until patriarchal mindsets are changed which can be achieved only by transforming the existing patriarchal society itself that is producing such mindsets.
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Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention." Economics, Law and Policy 1, no. 2 (2018): 122. http://dx.doi.org/10.22158/elp.v1n2p122.
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<p><em>Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.</em><em></em></p>
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Gul, Shabnam, Muhammad Faizan Asghar, and Shujat Ali. "FATF and Terror Financing: The Perspective of Pakistan." Global Economics Review VI, no. II (2021): 1–10. http://dx.doi.org/10.31703/ger.2021(vi-ii).01.
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There is a plethora of international organizations that has been formed to maintain peace in the world. FATF is such an organization that has been formed in order to scrutinize and control the menace of money laundering and that of the terror financing. In a third world state like Pakistan where there is dearth of transparent mechanisms of money transfers and where there is no rule of law, it has become easy for the individuals to carry out the illicit activities like money laundering (Dube and Vargas, 2013). Pakistan has been in the grey list from the last few years and it has dramatically affected the economy of Pakistan. Pakistan has established a number of centralized mechanisms that are, without a doubt, on the correct track for monitoring the financial transaction system, which is currently very near to meet the certain much needed criteria for finding and freezing the founded and highlighted money laundering cases and that of the terrorist financing.
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Dr. Muhammad Asad, Dr. Barkat Ali, and Hafiz Muhammad Usman Nawaz. "Payment of Diyat in Pakistan: Exploring the Missing Islamic Spirit." sjesr 3, no. 4 (2020): 418–23. http://dx.doi.org/10.36902/sjesr-vol4-iss1-2021(418-423).
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Though the Islamic Republic of Pakistan (Pakistan) as established in 1947, adopted the then British oriented existing laws, it was confirmed that appropriate modification will be made in these laws. Therefore, among others, the criminal laws including Pakistan Penal Code, 1860 (PPC) have been amended particularly to bring its provisions in conformity with Islamic Injunctions. In this context, in addition to other matters of the offenses affecting human life, the provisions of Diyat have been inserted in PPC. However, the law of Diyat as introduced in PPC is not all-inclusive. On the aspect of responsibility regarding the payment of Diyat, in case of incapacity of the offender, the law of PPC as amended in Islamic context is somehow still incomplete. As such, this situation is affecting the rights of the parties. The present law of Diyat as provided in PPC, indeed, is lacking the important aspect ‘Aqilah’. The insertion of provisions of 'Aqilah' in the PPC, may make the law of Diyat in the true sense of Islamic Injunctions, and consequently, the currently arising issues of non-payment of Diyat money particularly in case of offender's poverty, maybe settled down, and it ultimately will contribute for upholding the Rule of Law in criminal administration justice system of Pakistan. This is a doctrinal and analytical based study that focuses on the relevant literature either directly or indirectly related to the research topic. It engages the investigative deliberation of both types of primary and secondary sources. Such a way of deliberating the currently prevailing situation will put our study toward a result-oriented conclusion with suitable suggestions on the topic at hand.
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Dr. Muhammad Asad, Dr. Barkat Ali, and Hafiz Muhammad Usman Nawaz. "Payment of Diyat in Pakistan: Exploring the Missing Islamic Spirit." sjesr 3, no. 4 (2020): 418–23. http://dx.doi.org/10.36902/sjesr-vol4-iss1-2021(418-423).
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Though the Islamic Republic of Pakistan (Pakistan) as established in 1947, adopted the then British oriented existing laws, it was confirmed that appropriate modification will be made in these laws. Therefore, among others, the criminal laws including Pakistan Penal Code, 1860 (PPC) have been amended particularly to bring its provisions in conformity with Islamic Injunctions. In this context, in addition to other matters of the offenses affecting human life, the provisions of Diyat have been inserted in PPC. However, the law of Diyat as introduced in PPC is not all-inclusive. On the aspect of responsibility regarding the payment of Diyat, in case of incapacity of the offender, the law of PPC as amended in Islamic context is somehow still incomplete. As such, this situation is affecting the rights of the parties. The present law of Diyat as provided in PPC, indeed, is lacking the important aspect ‘Aqilah’. The insertion of provisions of 'Aqilah' in the PPC, may make the law of Diyat in the true sense of Islamic Injunctions, and consequently, the currently arising issues of non-payment of Diyat money particularly in case of offender's poverty, maybe settled down, and it ultimately will contribute for upholding the Rule of Law in criminal administration justice system of Pakistan. This is a doctrinal and analytical based study that focuses on the relevant literature either directly or indirectly related to the research topic. It engages the investigative deliberation of both types of primary and secondary sources. Such a way of deliberating the currently prevailing situation will put our study toward a result-oriented conclusion with suitable suggestions on the topic at hand.
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Ahmad, Shakeel. "A Legal Assessment of the US Drone Strikes in Pakistan." International Criminal Law Review 13, no. 4 (2013): 917–30. http://dx.doi.org/10.1163/15718123-01304008.
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While assessing the legality of the US drone strikes in Pakistan, this article takes into account the nature of armed conflict which has potential to be converted into an international armed conflict (IAC) from a non-international armed conflict (NIAC). The growing trust-deficit between Pakistan and the US is catalyst for determination of nature of armed conflict. The arguments based on tacit consent of Pakistan no longer stands valid after a clear protest by Pakistani officials at national, bilateral and international level. It also examines the observance of the rules of International Humanitarian Law (IHL) in comparison with official US statements. Continued drone strikes are now being considered as counter-productive and resulting in increased suicide bombing in various cities of Pakistan. The author suggests a collaborative effort by considering other social, political and economic factors to minimize the violation of IHL for desired results.
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Sultan, Shazia, and Tahira Jabeen. "Changing Facetsof Judicial Activism in Pakistan." Review of Education, Administration & LAW 3, no. 3 (2020): 523–34. http://dx.doi.org/10.47067/real.v3i3.75.
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This paper deals with the troublesome history of Pakistan Judiciary in comparative perspective. The judicial restraint showed by the superior courts in the initial phase of Pakistan’s emergence and its failure in the enactment of extra-constitutional deeds of Military Generals and executive heads that troubled the smooth political and constitutional progress has been highlighted. The paper throws light on the struggle of the Judiciary for its independent status in the defiance of the military establishment in 2007 that catapulted the Judiciary as main stakeholder in the governmental power structure of the state. The key role played by Supreme Court in the defense of democratic norms, rule of law, corruption free politics and transparent governance has also ben focused. Overstepping of judiciary in executive matters in Justice Saqib Nisar is also the part of this investigation. Nonetheless empowering the public representative to legislate on the matter of the tenure extension of the COAS (Chief of Army Staff) has also been discussed along with the decision of special court and then High court in the treason case of Musharraf that raise is the part of this paper. The paper concludes that hurdles in the way to independent judiciary desperately needed to be removed for the dispensation of justice.
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Ahmad, Nisar, Sumaira Rehman, and M. Khyzer Bin Dost. "Determinants Affecting Governance in Response to Economic Development in the Developing Countries: Evidence from Pakistan." Review of Economics and Development Studies 6, no. 2 (2020): 401–13. http://dx.doi.org/10.47067/reads.v6i2.208.
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The governance system of any country is required to be stable in any country. This study is the initial attempt to find the determinants of governance in Pakistan. The data has been collected from World Bank Data Bank from 2002-2016. The correlation test and Structural Equation Modeling is applied to the data. The governance is the construct variable in Structural Equation Modeling. The results shows that Voice and Accountability, Political Stability and Violence Terrorism, Government Effectiveness, Gross Domestic Product per Capital Growth, Gross National Index growth. Gender diversity and Human Development are the factors of governance in Pakistan. It can be argued that Regulatory quality, Rule of Law and the control of corruptions are not the confirmed factors of governance the latent variable in Pakistan. I can say that Regulatory Quality is not important for the governance. The regulatory quality is not important factor for governance in Pakistan but Voice and accountability, Political stability and the government effectiveness are the confirmed factors for the governance. The governance in Pakistan is poor but other determinants are of economic growth and developments are improving so this shows that if Policy makers want to improve the governance determinants then it will have positive effect on the economic development.
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Jawad, Saqib, Barkat Ali, and Muhammad Hassan. "Humanitarian Principles: Laws Protecting Women and Children in Pakistan: A Critical Appraisal." Review of Education, Administration & LAW 4, no. 1 (2021): 169–78. http://dx.doi.org/10.47067/real.v4i1.122.
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The principles which deal humanity are the core values of International Humanitarian Law (IHL) and Human Rights Law (HRL). Both of these codified laws expressly provide utmost protection for rights of women and children suffering war hostilities, armed conflicts and other natural disasters. These vulnerable groups are protected in the behest of International Law as well as Municipal laws. Indeed, it is admitted fact that during such crisis they become most vulnerable subject of the society. In this context, the statutory laws in Pakistan have also been promulgated in consonance with the IHL, HRL and Refugee Law. The main corpus of these rules has been embodied either directly or indirectly in the Constitution of Pakistan, 1973, and as such, International Law have been ratified and thus is provisions are binding on Pakistan. However, it is observed that their applicability is not proper at state level, and as such they could not have provide effective remedies to the children and women in Pakistan. The aim of this research is to analyse critically, the applicability of Municipal Laws concerning with the protection of the rights of women and children in Pakistan, and for this objective, doctrinal research method has been adopted.
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Soomro, Nishan-E.-Hyder, and Wang Yuhui. "Competition Law in Pakistan and China: A Comparative Study." Journal of Politics and Law 14, no. 2 (2020): 1. http://dx.doi.org/10.5539/jpl.v14n2p1.
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The present study aims to make comparative analysis of competition law in Pakistan and China by analyzing the leniency programs that whether or not they are in accordance with market structure or not, and investigating the mechanism to evidences while applying leniency policies and its value in competition law. The study adopts qualitative data analysis in order to analyze the respective aims and objective. It is found out by this research that progressive and unconventional are very important to be taken by both countries in order to ingeniously enforce competition law. Although competition law is supposed to prevent anti competition rituals and practices by nurturing free and fair competition in the market. It promotes a greater competition in the market by safeguarding customers against inaccurate means, which are adopted by firms. Therefore, competition law can be regarded as highly essential for regulating businesses by ensuring producer and consumer welfare. It ultimately promotes healthy growth of the economy and social justice. While on the other hand, a huge budget is entailed by investigation procedures which have been regarded as a huge financial resources’ loss by experts. In addition to this, there is also a greater risk of surcharges of violation, punishment and legal costs, which sometimes lead to harm corporate image. Moreover, the leniency programs in both Pakistan and China cover administrative liability only. Therefore, it is important to voluntarily comply with competition rules, regulations and laws, which would play an immensely significant role in minimizing the social costs which occur due to this law enforcement. Qualitative research methodology has been applied to the following article.
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Ahmed Shah, Sikander. "Mergers and the rights of minority shareholders in Pakistan." Corporate Ownership and Control 5, no. 2 (2008): 192–206. http://dx.doi.org/10.22495/cocv5i2c1p5.
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Mergers are not only becoming prevalent in the contemporary, but are also considered a phenomenon of the gravest concern both from a legal as well as from a business perspective. In fact the law seems to be suspicious when mergers involve controlling shareholders having vested interests making such consolidation decisions. The interest and betterment of the minority shareholders is considered to be a prime concern both from a societal as well as from an economic standpoint. It is for this reason that mergers are heavily regulated and monitored by both the Courts as well as administrative/regulatory agencies such as the SECP in Pakistan. This paper first lays out the procedural workings of a merger in Pakistan and then analyzes the legal provisions to determine the adequacy of such laws in providing requisite protection to minorities in mergers. An elaborate discussion of the relevant landmark cases follows. Judicial interpretation of statutes, judge made law, rules and policy considerations are also discussed. A pragmatic determination of the level of protection actually awarded to minority shareholder in mergers is also elaborated upon. At this juncture, the shortcomings in the relevant Pakistani legal infrastructure such as corruption, nepotism and ineptness are also highlighted.
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Haider, Kamal. "http://habibiaislamicus.com/index.php/hirj/article/view/127." Habibia Islamicus 4, no. 2 (2020): 11–16. http://dx.doi.org/10.47720/hi.2020.0402e02.
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The topic has its own importance particularly in backdrop of our philosophy of life as a nation and as a state, based on brotherhood, peace and prosperity. This philosophy of life teaches people of Pakistan to be united and cohesive with each other. It demands the nation and state to take the matter of life seriously. Today this philosophy of life does not exist in the society due to the class ridden education system of Pakistan. In developed countries, there is such an education system that not only guarantees their socio-economic development but the other nations feel proud to follow it. Unfortunately in Pakistan since its inception no such educational system has been practice which could have reflected the philosophy of nation and determined the direction of socio-economic progress. It has been a failure of state and the leadership, Pakistan has been lagging behind in every sphere of life such as industry, education, politics, science and technology and dependents in all these fields’ moreover social, cultural and political values also facing decay. The biggest reason of this devastation is the class-ridden educational system prevails in Pakistan. However several policies and plans have been made, billions of dollars have been spent, infra-structure have improved but as a nation and state Pakistan still endeavor for peace, , rule of law and progress in science and technology. All these progress and development depended on unified system of education not a class ridden. This purpose of this study is to present the qualitative analysis and to discuss the factors, problems and influence of this system on nation and state. It also suggested some remedies to overcome such issues.
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Arif, Muhammad, Abdul Rauf Laghari, and Avinash Advani. "Profitability of the Moving Averages Technical Trading Rules in an Emerging Stock Market: A Study of Stocks Listed in Pakistan Stock Exchange." Journal of Business Strategies 12, no. 2 (2020): 165–76. http://dx.doi.org/10.29270/jbs.12.2(2018).095.
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This study examines the profitability of Moving Averages (MA) timing strategy over the buy and hold strategy for individual stocks listed at Pakistan Stock Exchange (PSX). We applied Han, Yang, and Zhou (2013), methodology to individual stock returns and found inconclusive evidence of MA timing strategy’s predictive ability to earn higher returns over buy and hold strategy. We also report market risk-adjusted returns to remove any market movement effects and apply alternative moving averages lag lengths to check the robustness of our results. We observe individual stock returns are noisier than portfolio returns and the simple technical trading rule of moving average lack the ability to predict individual stock returns. We propose the use of more complex trading rules in future studies to ascertain the profitability of technical trading rules in individual stocks.
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Eatwell, Tatyana. "SELLING THE PASS: HABEAS CORPUS, DIPLOMATIC RELATIONS AND THE PROTECTION OF LIBERTY AND SECURITY OF PERSONS DETAINED ABROAD." International and Comparative Law Quarterly 62, no. 3 (2013): 727–39. http://dx.doi.org/10.1017/s0020589313000225.
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AbstractOn 31 October 2012 the Supreme Court of England and Wales handed down its judgment in Rahmatullah v Secretary of State for Foreign Affairs and Secretary of State for Defence [2012] UKSC 48. The case concerns an application for habeas corpus brought by a citizen of Pakistan originally detained by the United Kingdom in Iraq before being transferred into the custody of the United States. Rahmatullah addresses important issues concerning the extraterritorial reach of habeas corpus under English law in respect of persons held in the custody of a foreign State, as well as the international rule of law. The case may be considered a legal victory for persons detained without trial by the US in facilities thought to be beyond the reach of the courts. However, in reality any strength in the arm of the law is drained by the priority given to the conduct of foreign affairs, ‘forbidden territory’ for the courts, over the Court's ruling and the UK's obligations under international law. The case is examined in the light of similar jurisprudence from US and Australian courts.
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Saleem Raza. "فقہ اسلامی اوروضعی قوانین میں جنون اور فاتر العقلی کی بنیادیں اورفوجداری مسئولیت پران کے اثرات". FIKR-O NAZAR فکر ونظر 58, № 1 (2020): 37–77. http://dx.doi.org/10.52541/fn.v58i1.1552.
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It is well known that the mind plays a dominant role in all human actions. Mental diseases obliterate perceptual or volitional capacity of a human. If a person suffering from such a mental disease commits, the accused is not held responsible and convicted due to the absence of mental faculties. In this article, various degrees of unsoundness of mind in Islamic and positive law have been identified. Moreover, the modern scientific methods like Mc Naughthon rules, Durham rule, and those developed by American Law Institute (ALI), which are being employed in the cotemporary world for determining unsoundness, have also been examined from Islamic perspective and compared with the provisions of Pakistani law. In addition, precedents from the superior judiciary in this regard have also been quoted.
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Shaheen, Fozia, and Mamoona Khalid. "Judicial Independence and Impartiality of Judiciary: A Comparative Study." International Journal of Social Sciences and Humanities Invention 5, no. 2 (2018): 4383–86. http://dx.doi.org/10.18535/ijsshi/v5i2.01.
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Vesting judicial power in a separate branch under the doctrine of separation of power requires impartiality of the body exercising judicial powers, in order to develop public confidence on the judiciary. An independent judiciary has always been acted as a guardian of constitution and individual rights. Independence and impartiality of the judiciary is not only necessary for fair trial but also pre-requisites for the application of Rule of Law. If judiciary is biased then there will be chaos and tyranny. Right of fair trial before independent and impartial tribunal is an internationally recognized right under International Instruments. This Article is intended to explore the importance of doctrine of judicial impartiality for preserving Judicial Independence in Constitutional analysis perspective of Pakistan, UK and USA.
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Manzoor, Khan Afridi, and Ullah Tabi. "Electoral Politics of Jamat-e-Islami Pakistan (1987-2009)." Global Social Sciences Review I, no. I (2016): 58–76. http://dx.doi.org/10.31703/gssr.2016(i-i).05.
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Jamat-e-Islami (JI) started as a social movement in 1941 and became an influential group to support Islamic constitution in Pakistan. Later, the leaders of this movement decided to take part in electoral politics. And in 1957, the movement evolved into a political Party. In 1964, JI was banned by the dictator Ayub Khan, because they did not support the regimes' unconstitutional martial law. After Ayub khan, the Bhutto suppressed all opposition parties including JI. In addition to this, General Zia shared power with JI for some time but quickly stripped it of all authority. It can be concluded that JI was never allowed freely participate in the political system of Pakistan. JI also suffered the schisms in the organizational structure because of its strict rules and regulations. However, Qazi Hussain Ahmad took certain measures to push JI in main stream of Pakistani politics. An attempt to find out how JI was operated in electoral politics from 1987 to 2009 has been made in this paper. It has used the Columbian school of thought as a model. This model rationalizes election on the sociological perspective, where voters are influenced by the left-right, ideological orientations, and by religion, sect, ethnicity, class, caste, rural and urban divisions. The data is collected by researching secondary sources that discussed and evaluated the electoral politics in Pakistan. A content analysis method is used to analyze the data leading to the stated findings about JI's electoral strategies.
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Qureshi, Sarfraz Khan. "A Governance Perspective on Development Issues (The Presidential Address)." Pakistan Development Review 38, no. 4I (1999): 327–32. http://dx.doi.org/10.30541/v38i4ipp.327-332.
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It is with great pleasure that I welcome you to the 15th Annual General Meeting of the Pakistan Society of Development Economists. I have had the proud privilege of being associated with this Society since its inception, initially as its Founding Secretary and member and later as its President. I have watched it flourish and helped ensure that it grows from strength to strength. In this, the last meeting of the Society with me as its President, I am really cheered by the presence of so many colleagues here, particularly as we know that we live in troubled times. But I can assure you of a frank and open discussion of the key development issues of the day. Economic growth and poverty reduction are difficult to achieve in the best of times. With decaying institutions and poor governance, these goals become an impossible dream. That is why the theme of this year’s annual meeting is “Governance, Institutional Reform, and Economic Growth”. I hope that the papers being presented and the discussions on or around this theme during these four days will indicate the way forward from the current morass. I shall not bore you with the details of the economy’s deplorable condition—most of you are familiar with them. Its deterioration is best judged by the International Country Risk Guide (ICRG) ratings for Pakistan, which are computed by weighting three elements—corruption, rule of law, and bureaucratic quality. These ratings for Pakistan in 1998 are three times what they were in 1982. This means that on a relative scale, things in Pakistan are three times as bad in 1998 as the 1982 levels.
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Naeem Nawaz, Shahzada M., and Ather Maqsood Ahmed. "New Keynesian Macroeconomic Model and Monetary Policy in Pakistan." Pakistan Development Review 54, no. 1 (2015): 55–71. http://dx.doi.org/10.30541/v54i1pp.55-71.
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The New Keynesian (NK) models have advantage over the Real Business Cycle (RBC) models as they allow rigidities in the structure of the model, hence provide built-in mechanism to incorporate the structural shocks. The estimation of the NK model for Pakistan’s economy remains a relatively unexplored area. This study attempts to estimate a closed economy version of the NK model using robust econometric technique. On the empirical side macroeconomic dynamics have been investigated in response to unanticipated monetary shock. The reaction of the monetary authority (the State Bank of Pakistan) in response to structural shocks has been assessed by exploring the role of forward looking expectations. The SVAR model has been employed to estimate the structural parameters. The response of macroeconomic aggregates to structural shocks has also been simulated along with discussing the forecast error variance decomposition. The role of forward looking expectations is found to play prominent role in the prevailing market structure of the country. The State Bank of Pakistan (SBP) has been found to respond to shocks after a lag of one or more periods indicating time inconsistency problem which is due to discretionary monetary policy stance being adopted by the monetary authority. The distorted beliefs of economic agents about the stance of monetary policy have pointed towards weak effectiveness of the monetary policy. The results suggest that the SBP would have to adopt an independent and transparent monetary policy by following some sort of Taylor-type rule. JEL Classification: C32, C51, E52, E58 Keywords: New Keynesian Models, Real Business Cycle Models, Forward Looking Expectations, SVAR Model, Price Puzzle
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Umar, Muhammad, Moin Akhtar, Muhammad Shafiq, and Zia-Ur-Rehman Rao. "Impact of monetary policy on house prices: case of Pakistan." International Journal of Housing Markets and Analysis 13, no. 3 (2019): 503–12. http://dx.doi.org/10.1108/ijhma-12-2017-0106.
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Purpose This study aims to explore the impact of monetary policy on house prices in Pakistan. Design/methodology/approach This study uses monthly time-series data of house prices, monetary policy, inflation and stock market index ranging from January 2011 to December 2016. All the series were checked for stationarity by using augmented Dickey–Fuller test, and lag length of 11 was decided on the basis of Schwert’z rule of thumb. Vector autoregressive (VAR) model was used because the series were not co-integrated. Findings The analysis revealed that monetary policy significantly affects house prices in Pakistan. Tight monetary policy results in lower house prices and vice versa. The relationship between monetary policy and house prices is unidirectional. The study also finds that higher inflation also leads to soaring house prices, but the variation in stock market index does not affect house prices. Originality/value To the best of authors’ knowledge, none of the existing studies explores the impact of monetary policy on house prices in Pakistan. The findings help investors and policy makers to understand the relationship between monetary policy and house prices to make better decisions.
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IDREES, Rao Qasim, Zaheer Iqbal CHEEMA, and Jawad RIAZ. "Role of Harmonization and Unification in Perspective of China–Pakistan Economic Corridor Physical Infrastructure and Applicable Laws." Journal of Advanced Research in Law and Economics 11, no. 1 (2020): 45. http://dx.doi.org/10.14505//jarle.v11.1(47).06.
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This research paper centers on logistics investment policies both in legal and social manners for current and future China Pakistan trade with reference to CPEC. With further improvement, many other regional economic players in prospective time may join the CPEC projects, where Afghanistan, Central Asian and SAARC states are prominent to enter for the said purpose. There are different practices around the world to achieve socio economic progress. Hence a unified and harmonized system of applicable rules and regulation is required forthwith in order to get benefits from CPEC. This research paper primarily deals with the history of China Pakistan relations in the context of CPEC and Belt and Road Initiative and their benefits to Pakistan. Furthermore, the role of harmonization and unification among legal rules and physical infrastructure is discussed to find benefits and better solutions. This study applies legal research process where historical method is conducted to observe the history of Belt and Road Initiative (BRI) which further includes China Pakistan trade relations and their situation regarding logistics investment in CPEC. Furthermore, comparative legal research is applied to find out the differences among Pakistan legal system and international laws to make foreign investment more beneficial. This research concludes that domestic legislation in Pakistan in the areas of logistics and transportation is very limited in scope. Furthermore, such legislation does not cover the broad area of international trade. In current situation it is pertinent for Pakistan to introduce and revise such legislations and codes and not doing so China may again ask Pakistan to enact law as per his own benefits which he did while Pakistan amend Competition and special economic zone laws. Furthermore, CPEC in future will invite many other trade partners for their investment contribution in the region. This necessitates Pakistan to build strong physical infrastructure and negotiate further trade agreements and relevant legislation with other partners in the region and not only rely upon bilateral agreements with China.
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Shahid, Shahzeb. "Sterner Response toward Rape in line with Islamic Law: Special Reference to Pakistan." Indonesian Journal of Advocacy and Legal Services 3, no. 1 (2021): 51–90. http://dx.doi.org/10.15294/ijals.v3i1.45597.
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This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t‘azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.
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Paul, Justin, and Pravin Jadhav. "Institutional determinants of foreign direct investment inflows: evidence from emerging markets." International Journal of Emerging Markets 15, no. 2 (2019): 245–61. http://dx.doi.org/10.1108/ijoem-11-2018-0590.
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Purpose Foreign direct investment (FDI) is a strategic decision for achieving competitive advantage by multinational enterprises. The purpose of this paper is to explore the role of institutional determinants of FDI using data from 24 emerging markets including China, India, Indonesia, Turkey, Thailand, Malaysia and Pakistan. Design/methodology/approach In order to identify factors that attract FDI in emerging markets, this study has used data from sources such as the World Bank, Index of Economic Freedom and UNCTAD. Findings The findings of this research indicate that infrastructure quality, trade cost measured by tariff and non-tariff barriers, institutional quality measured by effective rule of law, political stability, regulatory quality and control on corruption are significant determinants of FDI in emerging markets. Originality/value This is the first study to analyze the sectoral institutional determinants of Inward FDI in the important emerging economies, to the best of authors’ knowledge.
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Zaman, Shama, and Samina Saeed. "Good Governance as an Instauration Towards Socioeconomic Development: a Case Study of Pakistan." Journal of Public Administration and Governance 9, no. 3 (2019): 58. http://dx.doi.org/10.5296/jpag.v9i3.15168.
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Good governance has been inclinational to a well-civilized society. The notion of governance has emphatically been promoted in the twenty-first century for sustainable socioeconomic development in a form of millennium & sustainable development goals (MDGs and SDGs). Because good governance is one of the multilayered stratagem being directly involved in a socioeconomic progression, it sets off a mechanism of modus operandi from higher to lower governing hierarchy. Significantly, it enlightens basic democratic system to levitate an infrastructure of good governance through standing on multidimensional pillars of accountability, transparency, rule of law and mass participation. Strategic planning of good governance overcomes the uneven justifications in all spheres of life. In fact, justified distribution of socioeconomic assets is deployed by the principles of good governance. That assists in maintaining the balance of power to not only initiate the development but cause its sustainability in the course of socioeconomic paradigms. Thus it is subsumed directly or indirectly in strengthening the individual, institutional, and societal capacity development. Impartially, a specific criterion of good governance has been designed as a tool effector in the national action plans of both developed and developing states. An accompaniment of good governance with socioeconomic sector in Pakistan has been distinguished as a critical phenomenon to the development process and to the effectiveness of development assistance. Because the issues of good governance are responsive to the present and future socioeconomic needs and developments, an insurance towards the condition of good governance urges major donors and international financial institutions to spread investment over socioeconomic challenges and reforms in Pakistan. Hence strategic planning and management highlighted with quality and standards reinvigorate the practice of good governance through assuring socioeconomic development as a reality and fortune of the nation.
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Ahmad, Naveed, Yuming Zhu, Muhammad Ibrahim, Muhammad Waqas, and Abdul Waheed. "Development of a Standard Brownfield Definition, Guidelines, and Evaluation Index System for Brownfield Redevelopment in Developing Countries: The Case of Pakistan." Sustainability 10, no. 12 (2018): 4347. http://dx.doi.org/10.3390/su10124347.
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Brownfield is post-industrial soil resulting from different anthropogenic activities and located in urban centers of cities. Due to the scarcity of urban land and the complexity of renovating old cities, and considering that brownfield research in Pakistan is still in its infancy, defining and evaluating brownfield is necessary for solving environmental issues and promoting sustainable development. Therefore, this study aims to develop a pioneer consensus-based brownfield definition, guidelines, and an evaluation index system to evaluate brownfield redevelopment in Pakistan. Initially, a comprehensive literature review was performed to gather key elements of brownfield definitions and create an evaluation index system. These indicators were further evaluated by different experts through the Delphi Method to develop a final questionnaire. Then, data were collected from relevant stakeholders. An illustrative example using three ideal schemes (housing society, eco-industrial park, and commercial market) is described to apply the evaluation index system. A new methodology combining Triangular Fuzzy Numbers (TFNs) and Grey Relational Analysis (GRA) was introduced to assess three ideal schemes. Finally, a pioneer brownfield definition, guidelines, and evaluation index system for brownfield redevelopment were developed, and a further index system was verified through an illustrative example. The standard brownfield definition, guidelines, and established index system is based on the Pakistani context. Due to changes in rules and regulation, and different land characteristics, these findings cannot be generalized to all developing countries. Therefore, further studies must validate the results in their own context. This study will foster brownfield redevelopment implementation in Pakistan and promote sustainable development.
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Saqib, Lutfullah, Kellie W. Roberts, Mueen A. Zafar, Khurram Khan, and Aliya Zafar. "Mushārakah—A Realistic Approach to the Concept in Islamic Finance and its Application to the Agricultural Sector in Pakistan." Arab Law Quarterly 28, no. 1 (2014): 1–39. http://dx.doi.org/10.1163/15730255-12341270.
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Abstract Food is one of the basic necessities that is imperative for human survival. The majority of farmers related to agriculture belong to the lower class and are hence not in a position to fulfil their agricultural needs. Therefore, they must borrow from various sources, e.g., from individuals, organizations, and/or banks, using interest-based lending, which Muslims are prohibited from doing according to the Sharīʿah. Here the concept of mushārakah (participatory mode of finance) is the best option. The present work discusses the application of such transactions to overcome farmers’ financial problems. In this article, the concept of mushārakah is first elaborated in light of classical/contemporary Islamic law literature referring to its rules and regulations followed by a discussion on how mushārakah can be effectively applied to the agricultural sector. The concepts of muzāraʿah (temporary sharecropping contract), musāqah, diminishing mushārakah (al-mushārakah al-mutanāqisah), and customer agency are critically analyzed in such away to make these fit and viable for farmers and Islamic financial institutions.
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Ahmad, Saeed, Mudasir Mustafa, Ahsan Ullah, Muhammad Shoaib, Muhammad Mushtaq, and Wasif Ali. "Role of types of electoral rigging, socio-economic status, politics and voting behavior in the formation of attitudes toward electoral integrity." Transforming Government: People, Process and Policy 11, no. 2 (2017): 195–212. http://dx.doi.org/10.1108/tg-08-2015-0034.
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Purpose This study aims to examine the associations between socioeconomic status, types of rigging (pre- polling-day and post-), politics and voting behavior, vote casting and perceptions of rigging in Pakistan’s most recent elections, and attitudes toward electoral integrity. Design/methodology/approach Data were collected from students at three different universities. In all, 748 units of analysis (488 male and 260 female) recorded their responses by means of a self-structured questionnaire. Linear regression was applied to measure the associations between variables, and the reliability and validity of the scales were tested. Findings A significant relationship was found between pre-poll rigging, post-poll rigging, politics and voting behavior, socioeconomic characteristics (i.e. age, education, father’s education, background or place of residence and monthly household incomes), the perception of rigging in the last elections and attitudes toward electoral integrity. Practical implications Pakistan’s history has been blemished by electoral malpractices during both de facto and de jure regimes. Attention has formerly been paid to either polling-day or post-election rigging. The relationship of electoral integrity with different factors explored in this study have usually been ignored or overlooked. The findings of this study would help policy-makers, youth experts and academicians to reorient their behaviors to strengthen political stability, the rule of law and the continuation of democracy via their participation in the system. Originality/value To the researchers’ best knowledge, there has not been a single peer-reviewed study of Pakistan which has explored the associations between the variables examined for this study. The main academic challenge the researchers faced was to find a standardized and contextualized scale or tool to explore how different types of vote-rigging affected attitudes toward electoral integrity. Thus, the structured scales for types of rigging and electoral integrity developed here would be useful for future studies in the field of electoral integrity in democratic countries.
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Isharyanto, Isharyanto. "Kinerja Pengadilan dalam Lingkaran Kekuasaan Otoritarian." Undang: Jurnal Hukum 1, no. 2 (2019): 267–94. http://dx.doi.org/10.22437/ujh.1.2.267-294.
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This paper aims to describe socio-juridically the performance of courts in authoritarian circles of power. The court is increasingly demanded attention by academics of constitutional law, along with the expectation of a role in the presence of power. Courts, of course by involving judicial apparatus, especially judges, are controlled by the executive but are able to negotiate their functions to support the government. Courts can provide legitimacy both internally and externally as well as being an effective tool for maintaining power. On this side, every regime of power has an interest of the court. Therefore, the idealita of the court then also related with independence, which is not only for the rule of law, constitutionality and human rights, but also in relation to globalization, free and efficient economic activities. If the judges are independent, they are basically protected from undue influence from those who can damage their impartiality. With variations that are not the same, but working in the same circle of power, courts in Singapore and Pakistan confirm these matters.
Abstrak
Tulisan ini bertujuan untuk mendeskripsikan secara sosio yuridis kinerja pengadilan dalam lingkaran kekuasaan yang otoritarian. Pengadilan semakin dituntut perhatiannya oleh akademisi hukum tata negara, seiring harapan akan peran di hadapan kekuasaan. Pengadilan, tentu saja dengan melibatkan aparatur peradilan, terutama hakim, dikendalikan eksekutif akan tetapi mampu menempatkan negosiasi fungsi mereka untuk mendukung pemerintah. Pengadilan bisa memberikan legitimasi secara internal maupun eksternal sekaligus menjadi alat efektif untuk mempertahankan kekuasaan. Pada sisi ini, setiap rezim kekuasaan berkepentingan dengan pengadilan. Oleh sebab itu, idealita pengadilan kemudian juga berurusan dengan independensi, yang tidak hanya untuk supremasi hukum, konstitusionalitas, dan hak asasi manusia, tetapi juga dalam kaitannya dengan globalisasi, kegiatan ekonomi yang bebas, dan efisien. Jika hakim independen, mereka pada dasarnya dilindungi dari pengaruh yang tidak semestinya dari pihak-pihak yang dapat merusak ketidakberpihakan mereka. Dengan variasi yang tidak sama, namun bekerja dalam lingkaran kekuasaan yang sama, pengadilan di Singapura dan Pakistan memberikan konfirmasi atas hal-hal tersebut.
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Qasim Idrees, Rao, Iqra Azhar, and Mirza Shahid Rizwan Baig. "The Enforcement of Foreign Arbitral Awards: A Critical Analysis of Current Pakistan Arbitration Mechanism." Global Political Review V, no. IV (2020): 11–20. http://dx.doi.org/10.31703/gpr.2020(v-iv).02.
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The current research provides an analytical study on the domestic and international arbitration and the application of foreign arbitral awards in Pakistan. The research explains the international arbitration, how it operates, its processes, rulings, and execution as per the domestic arbitration mechanism existing in Pakistan. The study further identifies the flaws that render it impossible to cope with fundamental factors such as the application of foreign arbitral awards at the domestic level as per international practice. The current research adopts analytical and descriptive approaches for interpreting and analyzing the data. Literature reviews for this research consist of relevant statutes, treaties, international Conventions, governing rules and regulations, case laws, legal authorities and have been explored as primary sources. Furthermore, international referred journals, research articles, journal magazines, online databases, dictionaries, law reviews are also acknowledged as secondary sources for this research.
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Mudzhar, M. Atho. "PEMBERIAN SANKSI ATAS PELANGGARAN UNDANG-UNDANG PERKAWINAN DI NEGARA- NEGARA ISLAM:." Dialog 37, no. 1 (2014): 87–96. http://dx.doi.org/10.47655/dialog.v37i1.57.
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This paper attempts to compare the content of Marital Act in some Muslim countries today regarding both sanctions implemented against those who break the rules (fine, jail, or other sanctions). Comparative perspective is important to understand similarities and differences in the implementation of Islamic law in Indonesia and other Muslim countries. Additionally, it is also important to know on to what extent Indonesia has developed Islamic law on Marital Act in comparison to other Muslim countries. This kind of study is relatively scarce due to the limited sources and references. Six countries are investigated in this paper, including Egypt, Tunisia, Jordan, Iraq, Pakistan, and Malaysia.
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Yu, Shuhong, Malik Zia-ud-Din, Roy Dilawer, and Xiaohui Ban. "Corporate Social Responsibility in Pakistan: A Legal Perspective with Reference to MNEs." Journal of Politics and Law 12, no. 3 (2019): 87. http://dx.doi.org/10.5539/jpl.v12n3p87.
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It is no secret that many multinational enterprises have annual revenues higher than that of the GDP of a significant number of less developed countries put together. This fact puts them in a position not only to influence the host country's policies and but also lives of the people. With the rise of Multi-National Enterprises and foreign investments, the concept of Corporate Social Responsibility, theoretically a self-regulatory mechanism to ensure the active participation of corporations for betterment of society in general, has gained importance in International Law. Given the fact that a huge capital is flowing in Pakistan, it is significant to understand and evaluate the extent to which the principles of CSR are being followed in Pakistan, with a special reference to foreign investment. High ratio of Foreign Direct Investment to the annual budget of Pakistan in recent years coupled with the fact that CSR is still relatively a new concept in Pakistan amplifies the importance of CSR in Pakistan in relation to Foreign Investments. Since CSR, as per OECD guidelines, requires the international corporations to take certain measures to ensure the betterment of the locality and community, the research shall attempt to find out whether the foreign companies working in Pakistan are complying with the norms of CSR and if they do, to what extent those principles are being followed. To do that, we shall try to understand the concept of CSR, to trace down its origins, and to study its elements and key drivers. Moreover, the impacts of compliance of CSR especially on the people, environment and goals of sustainable development shall also be taken into account. The study shall try to search relevant laws, rules, regulations and guidelines, both in international and domestic legal skeletons, which emphasize the significance of CSR and its implementation. We shall try to find out whether any legal recourse or remedies are available to the people and the State of Pakistan in case foreign MNEs do not implement the CSR regulations.
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Zaidi, Syeda Hina, and Ramona Rupeika-Apoga. "Liquidity Synchronization, Its Determinants and Outcomes under Economic Growth Volatility: Evidence from Emerging Asian Economies." Risks 9, no. 2 (2021): 43. http://dx.doi.org/10.3390/risks9020043.
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This study investigates the country-level determinants of liquidity synchronization and degrees of liquidity synchronization during economic growth volatility. As a non-diversifiable risk factor, liquidity co-movement shock spreads market-wide and thus disrupts the overall functioning of the financial market. Firms in Asian markets operate in legal and regulatory environments distinct from those of firms analyzed in the previous literature. Comprehensive analyses of liquidity synchronicity in emerging markets are limited. A major knowledge gap pertaining to Asian emerging markets serves as the primary motivation for this study. Seven Asian emerging economies are selected from the MSCI emerging market index: Bangladesh, China, India, Indonesia, Malaysia, Pakistan and the Philippines for analysis from 2010 to 2019. The empirical findings show high levels of liquidity synchronicity in weaker economic and financial environments with low GDP growth, high inflation and interest rates and underdeveloped financial systems taking the form of low levels of private credit. Liquidity synchronicity is also affected by poor investor protection, political instability, weak rule of law and government ineffectiveness. Moreover, levels of liquidity synchronicity are higher in a period of economic growth volatility.
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Janjua, Shahmir, Ishtiaq Hassan, Mahdi Zarghami, and Shafiqul Islam. "Addressing the supply-demand gap in shared rivers using water diplomacy framework: utility of game theory in the Indus river within Pakistan." Water Policy 22, no. 5 (2020): 789–810. http://dx.doi.org/10.2166/wp.2020.109.
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Abstract The question of how to govern and manage transboundary river basin for competing and often conflicting demands due to limited supplies continues to be an issue of concern, conflict, and cooperation. A key novelty of this paper is the use of the Water Diplomacy Framework (WDF) to address supply-demand mismatch using the notion of collaborative problem-solving and joint fact-finding. It builds on innovative applications of game-theoretic approaches and uses equity and sustainability as guiding principles to address the supply-demand mismatch. Five different bankruptcy methods (net benefit ranges between US$17,462M to US$18,201M) and the Nash Bargaining Solution (net benefit ranges between US$18,132M to US$19,216M) are used to resolve supply-demand mismatch in the Indus basin among four provinces within Pakistan. The maximum total benefit generated from the Nash Bargaining Solution is 5.5% higher compared to the best bankruptcy method. Moving from the non-cooperative and rule-based bankruptcy methods to the Nash Bargaining Solutions provided increased benefit for all stakeholders. Reallocation of these increased benefits among the four provinces is done by applying the Nash Bargaining Solutions for homogenous and heterogeneous weights. These findings suggest that aspects of WDF – cooperative problem-solving approaches involving joint fact-finding and exploring different options – has the potential to simultaneously resolve supply-demand mismatch and generate more benefits for all stakeholders.